Product Recalls for second hand owners

Daisymoocow

Hi all, just a quick question... we purchased a house this time last year and the previous owners kindly left us a hotpoint tumble dryer (they had a new one in their new house). It was approx 2 years old and we have just found out it is affected by the recent product recall... as the second owners, are we entitled to claim a repair as it has officially been recalled by the company?

Thanks

neilmcl

Not entitled to, no but I'd be surprised if they don't repair it for you.

tomtontom

The people I know of who have been affected have not been asked for proof of purchase, so unless this has changed you shouldn't have a problem.

Daisymoocow

From a legal point of view, does the manufacturer not have a duty of care to the user - regardless of whether they are the original purchaser or not? If it is deemed dangerous to the point of a recall, then it needs to be recalled regardless?

wealdroam

Daisymoocow wrote: »

From a legal point of view, does the manufacturer not have a duty of care to the user - regardless of whether they are the original purchaser or not? If it is deemed dangerous to the point of a recall, then it needs to be recalled regardless?

Why do you ask?
Have they refused to modify your machine?

Daisymoocow

No, i havent contacted them yet - i just wanted to know where i stood if/when the conversation went that way

societys_child

You have no contract with the manufacturers, so I don't believe they owe you any "duty of care". (also, you could have got it from a tip for all they know)
I personally wouldn't be going in quoting any "legalise"

Daisymoocow

Thats what i wanted to know - just where i stood. Thank you

glentoran99

I am the original owner of mine, don't have proof of purchase or even remember where I bought it.


they wont ask who bought it

unholyangel

societys_child wrote: »

You have no contract with the manufacturers, so I don't believe they owe you any "duty of care". (also, you could have got it from a tip for all they know)
I personally wouldn't be going in quoting any "legalise"

They haven no contractual rights but that doesn't mean there's no duty of care.

If its a health & safety issue (ie risk of injury/death rather than just faulty goods), its actually one of the few circumstance where a manufacturer is liable.

https://www.gov.uk/guidance/product-liability-and-safety-law

The main responsibility for product safety falls on producers. This includes:

- manufacturers
- importers
- businesses that supply own-brand products
- businesses that change the safety of a product - for example, by
customising or servicing it

Often, several businesses are involved as producers and can be jointly liable if a product causes harm. For example, several component makers might supply parts to a manufacturer that assembles the product.

Distributors - eg shops and wholesalers - are not normally liable for harm to consumers or their property caused by an unsafe product, as long as they identify the producer. But distributors do have some responsibility for safety and can face enforcement action.

If its a safety issue, they won't be providing it through owing the OP anything, it will be for their own benefit of potentially not being fined and/or sued.

societys_child

If its a safety issue, they won't be providing it through owing the OP anything,

Exactly!..